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Drug Crimes and Drug Charges

Brevard County Drug Defense Attorneys

If you have been arrested in Brevard County / Central Florida for a drug offense, retaining an experienced criminal defense attorney at the earliest possible stage in your case is your best protection.

With 35 years of combined experience handling all drug-related charges and accusations, our attorneys continually fight to achieve the best results possible for all of our clients. Our attorneys are confident in their abilities to create a comprehensive legal defense for you. Our goal is simple: to fight for your freedom, protect your future, and help you unconditionally.

Types of Drug Offenses

Below are some of the most common drug offenses that our firm handles. Click on each link below to learn more about each offense including: penalties, relevant law, defenses, and common legal issues for each:

Comprehensive Defense Against All Drug Charges

Although only a small fraction of criminal cases ever result in a jury trial, our seasoned criminal defense lawyers research, develop, and prepare every case AS IF it were going to be a trial. Why do this? A high level of pre-trial preparation by the defense attorney can often uncover weaknesses in the State’s case against the defendant. These weaknesses can be used by a skilled defense attorney as leverage in the case, which can ultimately result in state attorney agreeing to a favorable resolution.

Creating an effective criminal defense is often time-consuming and difficult. In fact, drug crimes can involve some of the most complex legal issues in criminal law. Our attorneys will carefully dissect all the evidence against you, including: the initial encounter with the police, the investigation, the detention, the arrest, and the collection of any evidence. Our criminal defense lawyers will work tirelessly to understand every facet of your case, leaving no stone unturned in your case.

In reviewing the evidence against our client, we look to whether law enforcement followed proper legal procedures during the arrest and whether they violated the rights of the client in any way during the arrest. In reviewing police statements, we check to see whether the client made a “confession” or any statement to law enforcement. Oftentimes, co-defendants (if present) may need to be investigated. Often the actual drugs need to be viewed firsthand in evidence. Were the drugs field tested by law enforcement for authenticity? Were proper collection, storage, and testing procedures followed? These are just a few examples of many things that need to be addressed.

Possible Ways to Avoid a Drug Conviction

It is important to note that simply being charged with a drug offense does not necessarily mean you will be convicted or labeled a “felon”. Other than a conviction, there may be several other ways to resolve your case without a felony conviction:

1) Reduction /Amending of Charge to a Misdemeanor – Sometimes, an attorney may be able to convince the State attorney to reduce the charge from a felony to a misdemeanor. Doing so greatly reduces the person’s exposure to incarceration and saves the person’s record from a felony conviction. Please note that neither the judge, the police, nor the defense attorney can amend a criminal charge. ONLY the State Attorney can amend criminal charges, and they do so solely at their own discretion.

2) Placement in a Pretrial Diversion or Pretrial Intervention Program – Although the exact terms, conditions, and entry requirements of these programs differ, the general idea is that these programs are reserved for people with little or no criminal history and require the person to be on court-ordered supervision for a period of 6 months to 1 year. Both programs require periodic, random urine screens for drugs and alcohol. Community service may be ordered and the person must report periodically to an officer. Upon successful completion of the program, the charge i dismissed.

3) Drug Court – Drug Court is a Diversionary program set up by the legislature to address repeat, non-violent drug offenders. Drug Court is often seen as an alternative to incarceration. The program typically lasts for one year and involves placement of the case into a special “Drug Court” which the person attends. The Drug Court Judge reviews the offender’s progress periodically. Noncompliance with the program’s terms is reported immediately to the Judge, along with recommendations as to consequences. Upon successful completion of Drug Court, a person’s charges will be dismissed.

4) Withholding of Adjudication – If the attorney can convince the state and/or the judge to withhold adjudication of guilt, that means that the person will not be formally “convicted” of the crime. Therefore, assuming the person has no prior felony convictions, that person will not become a convicted felon and will keep all of their civil rights. Keep in mind that if the person is placed on probation and is later found by the court to have willfully and substantially violated their probation, the court may convict the person of the underlying offense.

5) Suppression of Evidence – Many drug cases involve complex “Search and Seizure” issues under the Fourth Amendment of the U.S. Constitution. The exact manner in which law enforcement came into contact with the accused and the nature of how they conducted themselves during the investigation may be subject to exclusion from evidence IF a court finds that their conduct was unlawful. The way to properly challenge unlawful police conduct is by filing and arguing a “Motion To Suppress Evidence”. If the court grants the motion and excludes the evidence from your case, the case is typically dismissed by the state attorney.

6) Trial – If the accused believes they are not guilty of the offense charged and desires to a have a jury trial, our attorneys will vigorously defend the person at trial. If the person is found “not guilty” by a jury, a conviction can be avoided and the person goes home free. However, if found guilty, the court is free to sentence the defendant up to the statutory maximum for the offense.

* Please note that each criminal case is different, and these options may or may not become available to you depending on the individual facts and circumstances of your case, your criminal record, other relevant florida law (such as minimum mandatory sentencing) that may apply, and other factors. Speak with our experienced criminal defense attorney for a complete legal assessment of your case.

Aggressive Criminal Defense in Brevard County, FL

Serious crimes call for serious representation. At the Law Office of Richard G. Canina, our goal is to provide comprehensive, experienced criminal defense throughout all stages of your criminal case. If you or a loved one have been arrested in Brevard County or anywhere in Central Florida for a drug-related offense, you need an attorney you can TRUST by your side.

The Law Office of Richard G. Canina proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.

CONTACT our office today for your FREE Case Evaluation.

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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